Search Decisions

Decision Text

AF | BCMR | CY2001 | 0101367
Original file (0101367.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01367
                       INDEX CODE:  111.02

      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  None

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted  Performance Report (EPR)  rendered for the period 28 May
97 through 27 May 98 be declared void.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The EPR in question was not an  accurate  assessment  of  his  overall
performance.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular  Air  Force  in  the
grade of staff sergeant.

The applicant appealed the contested report under  the  provisions  of
AFI 36-2401, Correcting Officer and Enlisted Evaluations Reports.  The
Evaluation Reports Appeal  Board  (ERAB)  was  not  convinced  by  the
documentation submitted by the applicant and denied his request.

The  applicant  received  an  Article  15  in  Oct  97  for  financial
irresponsibility, wrongful use  of  his  Government  American  Express
Travel Charge Card, and making a false official statement.

EPR profile as a staff sergeant reflects the following:

                 PERIOD ENDING               OVERALL EVALUATION

                   20 Sep 92                       5
                   27 May 93                       4
                   27 May 94                       4
                   27 May 95                       4
                   27 May 96                       5
                   27 May 97                       5
                  *27 May 98                       4
                   29 Dec 98                       5
                   29 Dec 99                       5
                   29 Dec 00                       5

* Contested report.

_________________________________________________________________

AIR STAFF EVALUATION:

The  Chief,  Inquiries/AFBCMR  Section,  AFPC/DPPPWB,  reviewed   this
application and stated the  applicant's  EPR  was  considered  in  the
promotion process for the 99E6  technical  sergeant  promotion  board.
They further stated that if the Board voids the EPR in  its  entirety,
or upgrades the overall rating, providing the applicant  is  otherwise
eligible,  the   applicant   would   be   entitled   to   supplemental
consideration beginning with the 99E6 cycle.  The applicant would  not
be a select for the 99E6 cycle if the request is granted, but he would
become a select  for  00E6  promotion  cycle  pending  favorable  data
verification and recommendation of the commander (Exhibit C).

The Chief, Performance Evaluation Section, AFPC/DPPPE,  reviewed  this
application and states the applicant submitted an appeal to  the  ERAB
and the ERAB was not convinced that the applicant’s  EPR  was  written
with prejudice.  The ERAB stated the  applicant  did  not  submit  any
evidence to support the voiding of the EPR.   The  applicant  has  not
submitted any documentation addressing how the EPR is  not  reflecting
an accurate  assessment  of  his  overall  performance.   The  EPR  in
question does not contain a reference to the Article 15, but  it  does
have a statement about the applicant's facing  exceptional  challenges
managing his personal finances.  The applicant has  not  provided  any
statements from the commander or the first  sergeant.   The  commander
and the first sergeant are responsible for reviewing the EPRs  on  all
assigned personnel for quality force indicators.  This review  ensures
the evaluations accurately describe the member's performance and  aids
in  determining  realistic  promotion  recommendations.   Air  Force's
policy is that an evaluation report is accurate  as  written  when  it
becomes a matter  of  record.   The  Enlisted  Evaluation  System  was
designed to  provide  a  reliable,  long-term,  cumulative  record  of
performance and  potential  based  on  performance.   The  applicant's
rating chain  in  accordance  with  policy  chose  to  articulate  his
substandard duty performance on his evaluation.  Therefore,  based  on
the evidence submitted they recommend denying the applicant’s request.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

Upon review of the  Air  Force  evaluations  the  applicant  submitted
additional letters  of  support  from  the  commander  and  the  first
sergeant.

The applicant feels based on his  accomplishments  during  the  rating
period that this EPR should be  voided.   He  states  his  performance
before  and  after  the  EPR  in  question  reflect   his   abilities,
dedication, and professionalism.

He was a new single father and had to face some  unforeseen  financial
challenges and made an inappropriate choice in trying to  resolve  the
situation.  He goes on to state that in most instances  of  this  kind
the member is removed from special duty assignment, but with the  many
recommendations he received, he was retained due to his  work  ethics,
his accomplishments and his determination to excel (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  After a thorough review
of  the  evidence  of  record  and  applicant’s  submission,  we   are
unpersuaded that relief should be  granted.   Applicant’s  contentions
are duly noted; however, we do not find these assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the offices of the Air Force.  The applicant did  not  provide  any
evidence as to why the contested report was not an accurate reflection
of his performance.  In accordance with Air Force policy an evaluation
report is accurate as written when it  becomes  a  matter  or  record.
Each evaluator has the obligation when writing the performance  report
to consider any incidents of  substandard  duty  performance  and  the
significance of the substandard performance in assessing  the  service
member's overall performance and potential.  We  therefore  adopt  the
Air Force's rationale expressed as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  Hence,  we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 August 2001, under the provisions  of  AFI  36-
2603.

            Mr. Vaughn E. Schlunz, Panel Chair
            Ms. Melinda J. Loftin, Member
            Mr. Dale O. Jackson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 May 01, w/atchs.
      Exhibit B. Applicant's Enlisted Performance Reports.
      Exhibit C. Letter, AFPC/DPPPWB, dated 22 May 01.
      Exhibit D. Letter, AFPC/DPPPEP, dated 5 Jun 01.
      Exhibit E. Letter, SAF/MIBR, dated 15 Jun 01.
      Exhibit F. Applicant's Response, dated 11 Jul 01.




                       VAUGHN E. SCHLUNZ
                       Panel Chair

Similar Decisions

  • AF | BCMR | CY2002 | BC-2002-01006

    Original file (BC-2002-01006.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01006 INDEX NUMBER: 111.02 XXXXXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No ___________________________________________________________________ APPLICANT REQUESTS THAT: All Enlisted Evaluation Reports (EPRs) rendered on him beginning with the report closing 24 Feb 94 and ending with the report closing 24 Jan 00 be voided and removed from his records. While...

  • AF | BCMR | CY2001 | 0100348

    Original file (0100348.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Inquiries/AFBCMR Section, Enlisted Promotions & Military Testing Branch, AFPC/DPPPWB, reviewed this application and stated the first time the contested report was considered in the promotion process was cycle 99E6 to Technical Sergeant. A complete copy of the evaluation is attached at Exhibit C. The Chief, Performance Evaluation Section, Directorate of Personnel Program Management,...

  • AF | BCMR | CY2002 | 0201114

    Original file (0201114.DOC) Auto-classification: Approved

    TSgt O--- was removed as his supervisor in November 1997. The DPPPEP evaluation is at Exhibit B. AFPC/DPPPWB reviewed applicant’s request and states that provided he is otherwise eligible, if the 4 Jan 98 EPR were to be voided he would not become a selectee for the 99E6 promotion cycle. The applicant has established that a possible conflict existed between himself and the rater on the report closing 4 January 1998.

  • AF | BCMR | CY2001 | 0102492

    Original file (0102492.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02492 INDEX CODE: 111.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The Enlisted Performance Report (EPR) rendered for the period 3 Mar 99 through 14 Oct 99 be declared void and removed from his records and restoration of his promotion to technical sergeant from the 99E6 promotion cycle, including back...

  • AF | BCMR | CY2000 | 9903145

    Original file (9903145.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Enlisted Promotion and Military Testing Branch, HQ AFPC/DPPPWB, stated that the first time the contested report was considered in the promotion process was Cycle 98E8 to senior master sergeant (E-8), promotions effective Apr 98 - Mar 99. The Directorate of Personnel Program Management, HQ AFPC/DPPPAB, stated that the applicant included a letter of support from his rater, which reiterates Air Force...

  • AF | BCMR | CY2002 | 0200559

    Original file (0200559.doc) Auto-classification: Denied

    Although the applicant did not submit a request to remove the EPR until after the convening of the 00E9 Evaluation Board, DPPPWB believes the circumstances of his case would warrant supplemental promotion consideration if the Board approves his request. A complete copy of their evaluation is attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR STAFF EVALUATION: Complete copies of the Air Force evaluations were forwarded to...

  • AF | BCMR | CY1999 | 9802111

    Original file (9802111.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The Enlisted Promotion Branch, HQ AFPC/DPPPWB, stated that the first time the contested report was considered in the promotion process was Cycle 97E6 to technical sergeant (E-6), promotions effective Aug 97 - Jul 98. It is noted that the applicant will become a selectee for promotion during this cycle if the Board grants his request, pending a favorable data verification check and the recommendation of...

  • AF | BCMR | CY1998 | 9703024

    Original file (9703024.pdf) Auto-classification: Approved

    In support of his appeal, the applicant submits copies of his two earlier appeals to the Evaluation Report Appeal Board (ERAB) under AFI 3 6 - 2 4 0 1 , with reaccomplished EPRs submitted to the E m . A copy of the Air Force evaluation is attached at Exhibit C. The Chief, Evaluation Procedures Section, HQ AFPC/DPPPEP, reviewed the application and recommends applicant's request be denied. After reviewing the documentation submitted with this application, it appears the applicant was rated...

  • AF | BCMR | CY2001 | 0101228

    Original file (0101228.doc) Auto-classification: Approved

    After reviewing the supporting documentation submitted by the applicant, we believe that some doubt exists as to whether the rater and indorser were biased in their assessment of applicant’s performance due to a possible personality conflict between the applicant and these evaluators. Further, the statement from the applicant’s former commander, during a portion of the contested time period, reveals that personalities possibly played a part in the ratings on the contested report. TERRY A....

  • AF | BCMR | CY2001 | 0100192

    Original file (0100192.doc) Auto-classification: Denied

    A complete copy of the Air Force evaluation is attached at Exhibit C. The Chief, Performance Evaluation Section, AFPC/DPPPEP, also reviewed this application and indicated that while the applicant believes the ratings and comments on the EPR are inconsistent with her prior and subsequent evaluations, that does not render the report erroneous or unjust. DPPPEP does not believe that a personality conflict existed between the applicant and the rater. A complete copy of their evaluation is...